If you’re injured in a car accident, slip and fall, or other accident caused by someone else, you’re likely entitled to compensation for your losses. In Ohio, the at-fault party is responsible for paying for all injuries caused by the accident. This includes economic damages and non-economic damages.
Damages are a common source of questions for accident victims. It is crucial to understand non-economic damages and how they can impact your personal injury claim.
What Are Non-Economic Damages?
In Ohio, parties responsible for accidents must compensate victims for their losses. Two types of damages compensate accident victims: economic damages and non-economic damages.
Economic damages reimburse victims for expenses they incur after an accident. These are quantifiable expenses that can be documented and calculated. Economic damages include medical bills, lost wages, and property damage.
In contrast, non-economic damages compensate victims for intangible losses after an accident. These can be difficult to quantify but are used to compensate victims for more abstract losses they suffer.
Calculating non-economic damages can be tricky. An Ohio personal injury lawyer can explain the damages available and help you claim non-economic damages.
Pain and Suffering
Pain and suffering damages compensate victims for emotional distress caused by an accident. Pain and suffering damages include immediate suffering after an accident and any ongoing distress that victims experience.
Mental Anguish and Emotional Distress
Accidents often trigger mental health problems and emotional issues. When this happens, victims can recover damages to compensate them for this distress. Common examples of emotional distress after an accident are anxiety, post-traumatic stress disorder, and depression.
Disfigurement and Scarring
Victims who are scarred or disfigured after an accident can recover damages to compensate them for the impact this has on their lives. Scarring and disfigurement can lead to a significant change in appearance that impacts daily living. Victims can recover damages to compensate them for the distress caused by disfigurement or scarring.
Physical Impairment
If an accident leads to physical limitations, victims can get compensation for this impact on their daily lives. For example, victims confined to a wheelchair after an accident can recover damages to compensate them for this impairment.
Loss of Enjoyment of Life
Victims are also entitled to compensation for loss of enjoyment of life. For example, victims who can no longer engage in everyday activities – for example, playing with children or participating in a hobby – can recover non-economic losses to compensate them for this loss.
How Are Non-Economic Damages Calculated?
Calculating non-economic damages is not easy. Experienced personal injury lawyers will gather evidence to help support a claim for non-economic damages.
This evidence includes:
- Medical records
- Medical diagnoses
- Journals
- Testimony of family and friends
- Expert witness testimony
- Records of mental health treatment
Lawyers use this evidence to help calculate damages.
There are two common methods for calculating non-economic damages: the per diem method and the multiplier method.
Per Diem Method
Under the per diem method, a daily value is assigned for non-economic damages. This amount is then multiplied by the number of days that it takes a victim to recover after an accident. For example, the parties could agree to assign a $100 per day value on non-economic damages. If it takes 90 days to recover, the non-economic damages would be $9,000 (90 x 100).
Multiplier Method
Under the multiplier method, non-economic damages are calculated by multiplying economic damages by a factor between 1.5 and 5. Cases involving less significant losses receive a lower factor, while serious cases with long-term impacts are assigned a higher factor. For example, if your economic damages are $100,000 and the parties agree on a multiplier of 3, your non-economic damages would be $300,000 (100,000 x 3).
Determining how to calculate damages and the numbers to use is a highly disputed issue in personal injury cases. Defendants and insurance companies will work hard to keep these numbers as low as possible. An experienced Sandusky personal injury lawyer knows how to gather evidence and negotiate to ensure a fair calculation of non-economic damages.
Are Non-Economic Damages Capped in Ohio?
In most personal injury cases, non-economic damages are capped.
Ohio law limits non-economic damages to:
- $250,000 or three times the economic damages, whichever is greater
- With a maximum of $350,000 per person and $500,000 per accident
Despite this statutory limit, there are circumstances when non-economic damages aren’t capped.
There is no limit on non-economic damages if:
- There are catastrophic injuries involving permanent disabilities or disfigurement;
- There is a loss of limb or loss of a bodily organ system; or
- The victim is permanently disabled and unable to care for themselves
A skilled personal injury attorney can assess the full extent of your non-economic damages and what your case is worth.
Contact an Ohio Personal Injury Lawyer for Help Recovering Non-Economic Damages
Contact a personal injury attorney to discuss whether you’re entitled to non-economic damages after your Ohio accident.
During an initial consultation, a lawyer may learn about your accident, analyze your case, discuss their experience, and explain your rights. If you decide to hire them, they’ll work hard to ensure you get the maximum amount of damages possible.